Tertius (law)
Tertius is the Latin word for "third", or "concerning the third". The term is used in contract law to refer to an interested third party not privy to a contract.
In the English Common Law system there is no recognition of the principle ius quaesitum tertio (a right in the third party to enforce performance) whereby a third party may enforce a promise due unto it under a contract to which it is not a party.[1] However, in several legal systems, including U.S. and Scots contract law, this does not bar parties to a contract from specifying that a third party is to be a beneficiary of such contract.[2]
In Scots law, the jus quaesitum tertio principle was abolished by the Contract (Third Party Rights) (Scotland) Act 2017 and replaced with a statutory right to enforce or invoke provisions of a contract.[3]
Rights, particularly in property, that ordinarily do accrue to a third party are termed jus tertii.
References
- ↑ For a further discussion, see the matter of Beswick v. Beswick and the plaintiff's successful attempt to enforce a right to a tertius, circumventing the privity doctrine.
- ↑ "ius quaesitum tertio". University of Strathclyde. 15 September 2000. Archived from the original on 30 September 2008. Retrieved 4 November 2017.
- ↑ Scottish Parliament. Contract (Third Party Rights) (Scotland) Act 2017 as amended (see also enacted form), from legislation.gov.uk.